A citizen suit seeking to enjoin state court review of Illinois's implementation plan under the Clean Air Act, on the basis that transmission of the completed plan to the Environmental Protection Agency (EPA) would be delayed beyond the statutory time limit, is barred by the federal anti-injunction ...

A decision to change the location of I-90 in the vicinity of North Bend, Washington, had a rational basis and was not arbitrary and capricious. The provisions of 23 U.S.C. §138 on preservation of parklands do not apply to a privately-owned waterfowl refuge. Plaintiff property owners prevail on thei...

In this suit to enjoin expansion of Connecticut Route 7, although design approval could have been obtained prior to the effective date of the National Environmental Policy Act (Jan. 1, 1970), post-NEPA design approval is not exempted from compliance with the Act. Nor can Policy and Procedure Memoran...

Fifth Circuit adopts district court holding that doctrine of laches bars class action by concerned users of New Orleans city park to enjoin in-progress construction of a six-lane, federal-aid highway through the park. Doctrine of laches can apply to a suit brought by private citizens asserting a pub...

In an order reversing the lower court (see Scenic Hudson Preservation Conference v. Diamond, 2 ELR 20207, for the lower court opinion), the appellate court held that the State Commissioner of Environmental Conservation could issue a certificate required by §21(b) of the Federal Water Pollution Cont...

"Tentative allocations" of federal aid to an airport project, followed by an application for funds, do not sufficiently federalize an airport runway project so as to require an injunction of construction already begun by the applicant before the putative grantor of funds has filed an impact statemen...

Where for more than 20 years members of the public had freely and openly used an area of beach for recreation, and where the city had exercised police powers over the area (including trash removal and enforcing parking prohibitions), the holder of the title to the property may not use the land to bu...

Wisconsin law establishing procedures for voiding Department of Natural Resources sewerage connection orders to municipalities does not violate the public trust doctrine nor constitute an unlawful delegation of legislative authority. Public trust doctrine has developed with regard to navigable water...

In this suit, challenging the building of an observation tower overlooking the Gettysburg Battlefield, the Commonwealth Court remanded the case for further evidentiary hearings. The remand instructions ordered the court to hear and consider any evidence, including evidence available but excluded at ...

The plaintiffs, a municipality and a manufacturer, are entitled to an order preventing the defendant landowners from interfering with a valid easement to use a drainage ditch for clear water disposal. The action of the defendants in blocking the ditch and thus forcing the closing of the plant was ex...